IN THE CASE OF: BOARD DATE: 31 January 2023 DOCKET NUMBER: AR20220007081 APPLICANT REQUESTS: reversal of the U.S. Army Human Resources Command, Awards and Decorations Branch, that denied him award of the Combat Infantryman Badge. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored statement, undated * self-authored statement, undated * Orders 230-2871, 18 August 2014 * DD Form 214 (Certificate of Release or Discharge from Active Duty), 3 October 2014 * NATO travel orders CR-300-0016(N), 27 October 2015 * Orders CR-300-0016, 27 October 2015 * NATO travel orders CR-024-0071(N), 24 January 2018 * Orders CR-024-0071, 24 January 2018 * logbook entries 4 pages, undated * DD Form 214, 16 January 2020 * buddy statement, undated * excerpts from Army Regulation (AR) 600-8-22 (Military Awards), undated * ABCMR letter, 7 April 2022 * Army Human Resources Command (AHRC) letter, 12 April 2022 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. A review of the applicant's record and Army regulations shows the applicant met the criteria for awards of the Global War on Terrorism Service Medal and Kosovo Campaign Medal and they are not currently listed on his DD Form 214. These awards will be addressed through an administrative correction without action by the Board. 3. The applicant states, in effect, he deserves to be awarded the Combat Infantryman Badge for being personally engaged by two enemy combatants on the night of 18 October 2018 while assisting another platoon with tower guard duty and perimeter checks. He believes he was never awarded the Combat Infantryman Badge due to the region where his unit was located. His unit was 30 days from deploying back to Fort Carson, CO, and his Troop command never informed the Squadron command of the engagements. In his opinion, if infantrymen and Soldiers from different Military Occupational Specialties from his sister battalions were awarded the Combat Infantryman Badge for indirect fire and sporadic enemy fire, he should also receive this award. a. On the night of 18 October 2018, the applicant was conducting security and personnel checks of the towers on Camp Nothing Hill. He came under light machine gun fire from two enemy combatants outside the fence line. After he returned fire, he took cover behind an empty barracks building. Once he realized the two enemy combatants were gone, he ran to Tower 3 to check on PFC . when asked, PFC . confirmed he heard the rounds fired but did not see where the muzzle flashes came from. The Troop Commander, First Sergeant, Executive Officer, and headquarters platoon sergeant were awakened and briefed on the incident. After confirming that he was alone during the engagement, the Commanding Officer ordered a review of the CCTV cameras near Tower 3. After the command brief, a perimeter patrol was conducted. No evidence of the incident was recovered, and the Command Team returned to bed. b. Previous requests for the Combat Infantryman Badge were denied because the evidence submitted did not involve a hostile foreign force recognized as an enemy by the United States. Per U.S. Code 1711, the hostile act alone against him and other U.S. forces, including NATO allies, by definition, that missing involvement of a specific hostile force should not be a factor in the denial of the Combat Infantryman Badge. He should be awarded the Combat Infantryman Badge because he fired at the enemy with the intent to destroy after they engaged him with a crew-served weapon. 4. The applicant enlisted in the Arkansas National Guard on 20 May 2013. 5. On 17 July 2014, the applicant was ordered to active duty for training, and he was honorably released from active duty (REFRAD) on 3 October 2014. His DD Form 214 shows he was awarded military occupational specialty (MOS) 11B (Infantryman). 6. His National Guard Bureau (NGB) Form 22 (National Guard Report of Separation and Record of Service) shows he was discharged from the Arkansas National Guard on 2 March 2015. He subsequently enlisted in the active component of the U.S. Army on 3 March 2015. 7. Orders 15076-58, dated 17 March 2015, awarded him MOS 19D (Cavalry Scout). 8. NATO Orders CR-300-0016(N) and Orders CR-300-0016, dated 27 October 2015 show he was directed to proceed on a temporary change of station for deployment to Afghanistan in support of Operation Freedom’s Sentinel, with a will proceed date of on or around 11 December 2015. 9. The applicant's record does contain orders directing his deployment to Afghanistan, but there is no record or evidence to show he physically deployed or arrived at this location. 10. Orders CR-024-0071 and NATO Orders CR-024-0071(N), dated 24 January 2018, show he was directed to proceed on a temporary change of station for deployment to Camp Bondsteel, Kosovo in support of Operation Joint Guardian (KFOR), with a will proceed date of on or about 13 February 2018. 11. The applicant provides four pages of logbook entry notes, from an unknown source. The applicant indicates, these entries are from his deployment to Kosovo and the entries show the various threats faced. The entries do not specifically refer to any instance of enemy aggression involving enemy fire or return fire. However, two entries use the term, "Aggressive Spotter network," and of the two entries one notes "RTE Falcon." 12. The applicant was discharged from active duty on 16 January 2020. His DD Form 214 contains the following information and/or entries: a. block 11 (Primary Specialty) - 19D b. block 12f (Foreign Service) - 1 year and 21 days c. block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Armed Forces Expeditionary Medal * Global War on Terrorism Expeditionary Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * North Atlantic Treaty Organization Medal * Expert Marksmanship Qualification Badge with Carbine Bar d. block 18 (Remarks) * "SERVICE IN KUWAIT 20190228-20190621" * "SERVICE IN KOSOVO 20180219-20181115" 13. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account and could not verify his service in Afghanistan. 14. A Buddy statement from SPC states, in effect, on the night of 18 November 2018, during his Tactical Operations Center (TOC) duty, he and a few members of the mortar section who were asleep heard rounds being fired. He states the applicant ran into the TOC and informed him and the command team of his contact and engagement with two enemy combatants outside the fence near Tower 3. During his brief to the command team, the applicant confirmed that he returned fire and there were no casualties. After the brief, the command team told everyone to increase security and went back to sleep. No follow-on investigations took place. 15. On 21 May 2021, by letter, the Awards and Decorations Branch at the U.S. Army Human Resources Command responded to the applicant’s inquiry concerning his desire to obtain an award of the Combat Infantryman Badge (CIB). The Awards Branch is unable to authorize the requested badge for issuance; Army combat badges are designed to provide special recognition to Soldiers who personally engage the enemy in ground combat or who satisfactorily perform their duties while being engaged in ground combat by the enemy. This particular event does not meet the regulatory guidance for award of the Combat Infantryman Badge. In accordance with Army Regulation 600-8-22 (Military Awards), paragraph 8-6, the CIB is not intended to recognize an individual for unit battle participation or deployment to a combat zone. The CIB is designed to recognize the infantry Soldier, whose daily mission is to close with and destroy the enemy. The badge is intended to recognize an individual Soldier’s satisfactory performance in ground combat with the enemy. As the engagement described in the forwarded narrative does not involve a hostile foreign force (i.e. a recognized enemy of the United States), this incident does not meet the criteria for award of the CIB. Although this response is not favorable, in no way does it detract from his faithful and dedicated service to our Nation. 16. On 16 October 2021, the Awards & Decorations Branch again responded to his inquiry concerning his desire to obtain an award of the Combat Infantryman Badge (CIB). The Awards Branch remains unable to authorize the requested badge for issuance; as stated in their previous correspondence dated May 21, 2021, Army combat badges are designed to provide special recognition to Soldiers who personally engage the enemy in ground combat or who satisfactorily perform their duties while being engaged in ground combat by the enemy. As the engagement described in the forwarded narrative does not involve a hostile foreign force (i.e. a recognized enemy of the United States), they remain unable to authorize an award of the Combat Infantryman Badge for this particular event. 17. On 4 November 2021, the Awards and Decorations Branch again informed him that while they would like to take favorable action, they remain unable to verify his entitlement to the Combat Infantryman Badge after review of the previously forwarded documentation as well as his entire Army Military Human Resource Record. At this time, they can take no further administrative action regarding his request. His next course of action concerning this matter is to appeal this determination to the highest appellate authority on personnel matters. He may contact the ABCMR. 18. On 22 April 2022, the Awards and Decorations Branch at the U.S. Army Human Resources Command sent a fourth letter responding to the applicant’s request for reconsideration regarding your eligibility for the Combat Infantryman Badge. The Awards Branch remains unable to take favorable action on his request. Per our previous correspondence dated November 4, 2021, in order to pursue this award any further, he must apply to the ABCMR. 19. The applicant provides a one-page excerpt of Army Regulation (AR) 600-8-22 (Military Awards) detailing requirements for awarding the Combat Infantryman Badge. 20. Regulatory guidance states the CIB is authorized for award for specific qualifying wars, conflicts, and operations. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. 21. The regulation defines “Wartime criteria” as a period of formally declared war and for 1 year after the cessation of hostilities. A period of military operations against an armed enemy and for 1 year after cessation of hostilities. Only those individuals actually in the combat zone or those in the communications zone whose duties involve direct control or support of combat operations are to be considered under wartime criteria. A period of national emergency declared by the President or by the Congress. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board determined the applicant’s request does not meet the criteria because the CIB is not intended to recognize an individual for unit battle participation or deployment to a combat zone. The CIB is designed to recognize the infantry Soldier, whose daily mission is to close with and destroy the enemy. The badge is intended to recognize an individual Soldier’s satisfactory performance in ground combat with the enemy. The engagement described in the applicant’s narrative does not involve a hostile foreign force (i.e. a recognized enemy of the United States), making this incident ineligible for the CIB as it does not meet the criteria. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ? REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards), prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 8-6 (Combat Infantryman Badge) of this regulation provides, in part, a Soldier must meet the following three requirements to be eligible for award of the Combat Infantryman Badge: * be an Army infantry officer in the grade of Colonel/O–6 or below, or an Army enlisted Soldier or warrant officer with an infantry MOS satisfactorily performing infantry duties. * be assigned to an infantry unit of either a brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat. * must actively participate in such ground combat; campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. b. Paragraph 2-21 (Global War on Terrorism Service Medal) of this regulation provides, in part, the Global War on Terrorism Service Medal is authorized for award to Servicemembers of the Armed Forces of the United States who have participated in or served in support of a Global War on Terrorism operations after 11 September 2001 to a future date to be determined. c. Paragraph 20-16 (Kosovo Campaign Medal) of this regulation provides, in part, the Kosovo Campaign Medal is awarded to Servicemembers of the Armed Forces of the United States who, after 24 March 1999, meet the following criteria: * participated in or served in direct support of Kosovo Operation: Joint Guardian. * Servicemembers must be bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive days in the Area of Engagement (AOE) or for 60 nonconsecutive days provided this support involves entering the operations of AOE. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007081 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1